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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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If a house is in one of the daughter's name and a will was

Customer Question

If a house is in one of the daughter's name and a will was left by her mother and another daughter made out a handwritten will, does this will supercede the mother's will? They have both been probated. The original will written by a lawyer was probated many years ago...mother is now deceased. The handwritten will by the daughter was recently probated...she is now deceased. Part of the family wants to go with the original will as it was the family home and the others which are listed in the daughter's will wants to go with that one.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Loren replied 6 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 6 months ago.

I am confused, if the house title is in one daughter's name, how would the mother or sister's will affect it (if they were not on title). In other words, how would the mother or sister's estate include a house if the title was in someone else's name?

Expert:  Loren replied 6 months ago.

Are you online with me?

Customer: replied 6 months ago.
It is two shares in the house that she has left...not the whole house
Expert:  Loren replied 6 months ago.

Was the handwritten will actually admitted to probate? I ask because under MA law a holographic (handwritten) will is not valid except for military or sailors.

Expert:  Loren replied 6 months ago.

Still there?